COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:4436H.01I Bill No.:HB 1692 Subject:Crimes and Punishment; Criminal Procedure; Motor Vehicles Type:Original Date:January 5, 2024Bill Summary:This proposal establishes the offense of aggravated fleeing a stop or
detention of a motor vehicle.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
General Revenue($48,445)($118,593)($181,448)($358,957)Total Estimated
Net Effect on
General
Revenue($48,445)($118,593)($181,448)($358,957)
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
Other State
Funds $0$0$0$0
Numbers within parentheses: () indicate costs or losses. L.R. No. 4436H.01I
Bill No. HB 1692
Page 2 of
January 5, 2024
DD:LR:OD
ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
All Federal
Funds $0$0$0$0
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Total Estimated
Net Effect on
FTE 000$0
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND
AFFECTED
FY 2025FY 2026FY 2027Fully
Implemented
(FY 2034)
Local
Government$0$0$0$0
FISCAL ANALYSIS L.R. No. 4436H.01I
Bill No. HB 1692
Page 3 of
January 5, 2024
DD:LR:OD
ASSUMPTION
§575.151 – Fleeing a stop or detention of a motor vehicle
Officials from the Department of Corrections (DOC) state this proposal creates the offense of
aggravated fleeing a stop or detention of law enforcement motor vehicle. A violation of
subdivision (1) of subsection 1 is a class D felony. A violation of subdivision (2) of subsection 1
is a class B felony. A violation of subdivision (3) of subsection 1 is a class A felony.
For each new violent class D felony, the department estimates four people could be sentenced to
prison and four to probation. The average sentence for a violent class D felony offense is 5.7
years, of which 4 years will be served in prison with 3 years to first release. The remaining 1.7
years will be on parole. Probation sentences will be 4 years.
The cumulative impact on the department is estimated to be 16 additional offenders in prison and
16 additional offenders on field supervision by FY 2028.
Given the seriousness of class B felony offenses and that the introduction of a completely new
class B felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class B felony as their most serious sentence have an
average sentence length of 9.0 years and served, on average, 3.4 years in prison prior to first
release. The department assumes one third of the remaining sentence length will be served in
prison as a parole return, and the rest of the sentence will be served on supervision in the
community.
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
4 4 4 4 4 4 4 4 4 4
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
P
arole
0 0 0 0 4 7 7 7 7 7
P
robation
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
I
mpact
0 0 0 0 0 0 0 0 0 0
P
rison Population
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
F
ield Population
4 8 1
2
1
6
2
0
2
3
2
3
2
3
2
3
2
3
P
opulation Change
8 1
6
2
4
3
2
3
6
3
9
3
9
3
9
3
9
3
9 L.R. No. 4436H.01I
Bill No. HB 1692
Page 4 of
January 5, 2024
DD:LR:OD
The cumulative impact on the department is estimated to be 5 additional offenders in prison and
0 additional offenders on field supervision by FY 2029.
Given the seriousness of class A felony offenses and that the introduction of a completely new
class A felony offense is a rare event, the department assumes the admission of one person per
year to prison following the passage of the legislative proposal.
Offenders committed to prison with a class A felony have an average sentence length of 17.1
years and serve, on average, 12.3 years in prison prior to first release. The department assumes
one third of the remaining sentence length will be served in prison as a parole return, and the rest
of the sentence will be served on supervision in the community.
The sentence lengths associated with these offenses pushes the estimate of total cumulative
impact on the department beyond the 10-year time frame of this fiscal note. However, the
estimated impact by FY 2034 is 10 additional offenders in prison.
C
hange in prison admissions and probation openings with legislation-Class B Felony
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 5 5 5 5 5
P
arole
0 0 0 0 0 1 2 3 4 4
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 5 5 5 5 5
F
ield Population
0 0 0 0 0 1 2 3 4 4
P
opulation Change
1 2 3 4 5 6 7 8 9 9 L.R. No. 4436H.01I
Bill No. HB 1692
Page 5 of
January 5, 2024
DD:LR:OD
Combined Cumulative Estimated Impact
The combined cumulative estimated impact on the department is 31 additional offenders in
prison and 27 additional offenders on field supervision by FY 2034.
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
1 1 1 1 1 1 1 1 1 1
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
0 0 0 0 0 0 0 0 0 0
C
hange (After Legislation - Current Law)
A
dmissions
1 1 1 1 1 1 1 1 1 1
P
robations
0 0 0 0 0 0 0 0 0 0
C
umulative Populations
P
rison
1 2 3 4 5 6 7 8 9 1
0
P
arole
0 0 0 0 0 0 0 0 0 0
P
robation
0 0 0 0 0 0 0 0 0 0
I
mpact
P
rison Population
1 2 3 4 5 6 7 8 9 1
0
F
ield Population
0 0 0 0 0 0 0 0 0 0
P
opulation Change
1 2 3 4 5 6 7 8 9 1
0
C
hange in prison admissions and probation openings with legislation
F
Y2025
F
Y2026
F
Y2027
F
Y2028
F
Y2029
F
Y2030
F
Y2031
F
Y2032
F
Y2033
F
Y2034
N
ew Admissions
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
6 6 6 6 6 6 6 6 6 6
P
robation
C
urrent Law
0 0 0 0 0 0 0 0 0 0
A
fter Legislation
4 4 4 4 4 4 4 4 4 4
C
hange (After Legislation - Current Law)
A
dmissions
6 6 6 6 6 6 6 6 6 6
P
robations
4 4 4 4 4 4 4 4 4 4
C
umulative Populations
P
rison
6 1
2
1
8
2
4
2
6
2
7
2
8
2
9
3
0
3
1
P
arole
0 0 0 0 4 8 9 1
0
1
1
1
1
P
robation
4 8 1
2
1
6
1
6
1
6
1
6
1
6
1
6
1
6
I
mpact
P
rison Population
6 1
2
1
8
2
4
2
6
2
7
2
8
2
9
3
0
3
1
F
ield Population
4 8 1
2
1
6
2
0
2
4
2
5
2
6
2
7
2
7
P
opulation Change
1
0
2
0
3
0
4
0
4
6
5
1
5
3
5
5
5
7
5
8 L.R. No. 4436H.01I
Bill No. HB 1692
Page 6 of
January 5, 2024
DD:LR:OD
# to
prison
Cost per
year
Total Costs for
prison
Change in
probation
& parole
officers
Total cost
for
probation
and
parole
# to
probation
& parole
Grand Total -
Prison and
Probation
(includes 2%
inflation)
Year 16($9,689)($48,445)0$04($48,445)Year 212($9,689)($118,593)0$08($118,593)Year 318($9,689)($181,448)0$012($181,448)Year 424($9,689)($246,769)0$016($246,769)Year 526($9,689)($272,680)0$020($272,680)Year 627($9,689)($288,831)0$024($288,831)Year 728($9,689)($305,519)0$025($305,519)Year 829($9,689)($322,759)0$026($322,759)Year 930($9,689)($340,566)0$027($340,566)Year 1031($9,689)($358,957)0$027($358,957)
If this impact statement has changed from statements submitted in previous years, it could be due
to an increase/decrease in the number of offenders, a change in the cost per day for institutional
offenders, and/or an increase in staff salaries.
If the projected impact of legislation is less than 1,500 offenders added to or subtracted from the
department’s institutional caseload, the marginal cost of incarceration will be utilized. This cost
of incarceration is $26.545 per day or an annual cost of $9,689 per offender and includes such
costs as medical, food, and operational E&E. However, if the projected impact of legislation is
1,500 or more offenders added or removed to the department’s institutional caseload, the full
cost of incarceration will be used, which includes fixed costs. This cost is $99.90 per day or an
annual cost of $36,464 per offender and includes personal services, all institutional E&E,
medical and mental health, fringe, and miscellaneous expenses. None of these costs include
construction to increase institutional capacity.
DOC’s cost of probation or parole is determined by the number of P&P Officer II positions that
are needed to cover its caseload. The DOC average district caseload across the state is 51
offender cases per officer. An increase/decrease of 51 cases would result in a cost/cost avoidance
equal to the salary, fringe, and equipment and expenses of one P&P Officer II.
Increases/decreases smaller than 51 offender cases are assumed to be absorbable.
In instances where the proposed legislation would only affect a specific caseload, such as sex
offenders, the DOC will use the average caseload figure for that specific type of offender to
calculate cost increases/decreases.
Oversight does not have any information contrary to that provided by DOC. Therefore,
Oversight will reflect DOC’s impact for fiscal note purposes. L.R. No. 4436H.01I
Bill No. HB 1692
Page 7 of
January 5, 2024
DD:LR:OD
Officials from the Office of Attorney General (AGO)
arising from this proposal can be absorbed with existing personnel and resources. However, the
AGO may seek additional appropriations if there is a significant increase in litigation.
Oversight does not have any information to the contrary. Therefore, Oversight assumes the
AGO will be able to perform any additional duties required by this proposal with current staff
and resources and will reflect no fiscal impact to the AGO for fiscal note purposes.
Officials from the Department of Public Safety - Missouri Highway Patrol, the Department
of Revenue, the Missouri Department of TransportationMissouri Office of Prosecution
ServicesOffice of the State Courts Administrator, the Office of the State Public
Defender, the Phelps County Sheriff’s Department, the Kansas City Police Department, and
the St. Louis County Police Department each assume the proposal will have no fiscal impact
on their respective organizations. Oversight does not have any information to the contrary.
Therefore, Oversight will reflect a zero impact in the fiscal note for these agencies.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other local law enforcement were requested to respond to this proposed legislation but
did not. A listing of political subdivisions included in the Missouri Legislative Information
System (MOLIS) database is available upon request.
FISCAL IMPACT
– State
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
GENERAL
REVENUE
Cost – DOC
(§575.151)
Increased
incarceration costs($48,445)($118,593)($181,448)($358,957)
ESTIMATED
NET EFFECT
ON GENERAL
REVENUE ($48,445)($118,593)($181,448)($358,957)
FISCAL IMPACT
– Local
Government
FY 2025
(10 Mo.)
FY 2026FY 2027Fully
Implemented
(FY 2034)
$0$0$0$0 L.R. No. 4436H.01I
Bill No. HB 1692
Page 8 of
January 5, 2024
DD:LR:OD
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This act establishes "Valentine's Law" which creates the offense of aggravated fleeing a stop or
detention of a motor vehicle if the person knows that a law enforcement officer is attempting to
detain the vehicle and the person flees at a high speed which creates a substantial risk of serious
physical injury or death or actually causes physical injury or death to another person. This shall
be a class D felony if the person creates a substantial risk of injury, a class B felony is the person
causes physical injury, and a class A felony if the person causes death of another.
Additionally, a person is presumed to be fleeing a vehicle stop if he or she has seen or heard or
reasonably should have seen or heard emergency lights or sounds. It shall not be a defense that
the law enforcement officer was acting unlawfully in making the arrest.
This legislation is not federally mandated, would not duplicate any other program and would not
require additional capital improvements or rental space.
SOURCES OF INFORMATION
Attorney General’s Office
Department of Corrections
Department of Public Safety
Department of Revenue
Missouri Department of Transportation
Missouri Office of Prosecution Services
Office of the State Courts Administrator
Office of the State Public Defender
Phelps County Sheriff’s Department
Kansas City Police Department
St. Louis County Sheriff’s Department
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 5, 2024January 5, 2024